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(영문) 서울행정법원 2018.05.24 2018구단3922
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on December 26, 2008, as a foreigner of the nationality of the People's Republic of Bangladesh (People's Republic of People's Republic of People's Republic (hereinafter referred to as "Geoplea"), with the status of stay D-6 (Marriage) of the Republic of Bangladesh.

B. On December 1, 2015, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on February 3, 2016, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. On March 16, 2016, the Plaintiff filed an objection with the Minister of Justice against the instant disposition. However, the Minister of Justice dismissed the Plaintiff’s objection on the same ground on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

A. The plaintiff of this case brought a lawsuit of this case after the lapse of 90 days from the date on which he received a notice of the decision to dismiss an objection from the Minister of Justice. The lawsuit of this case is unlawful as it was brought after the lapse of the time limit

B. In light of the determination, Article 20(1) of the Administrative Litigation Act and Article 20(1) of the Administrative Litigation Act, “a revocation suit shall be instituted within 90 days from the date on which the person becomes aware of the disposition, etc.: Provided, That where the proviso of Article 18(1) is provided for in the proviso of paragraph (1) of the same Article or where the administrative agency has mistakenly notified that a request for administrative appeal may be made, the period at the time when the request for administrative appeal is made shall be reckoned from the date on which

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